In Pennsylvania, when you sign up for auto insurance, you make a crucial choice that most people forget about until it’s too late: Full Tort or Limited Tort.
If you’ve been in a crash on I-81 or anywhere in Lackawanna County, this choice will determine one fundamental thing: Can you sue the at-fault driver for your pain and suffering?
Hi, we’re Attorneys Tammy and George, the Mom and Son team at Clause Law Group. We’ve spent decades helping Scranton-area families navigate this complex, confusing law. The wrong choice can cost you thousands in future recovery.
Let’s break down this critical difference and show you how to fight for the compensation you deserve.
🛑 The Core Difference: Pain and Suffering
The core of your injury claim is not just medical bills and lost wages. It’s non-economic damages—the physical pain, emotional distress, and loss of quality of life you endure. This is often called “pain and suffering.”
1. Limited Tort
- What it means: You significantly limit your right to sue the at-fault driver for pain and suffering.
- The Catch: You can only sue for your out-of-pocket expenses (like medical bills not covered by your insurance) unless your injury is deemed “serious.”
- The Cost: Insurance premiums are usually lower for Limited Tort.
2. Full Tort
- What it means: You retain the unlimited right to sue the at-fault driver for all damages, including pain and suffering, regardless of how “serious” your injury is.
- The Cost: Insurance premiums are usually higher for Full Tort.
The Insurance Company’s Goal: If you have Limited Tort, their primary goal is to prove your injury isn’t serious enough to cross the legal threshold, allowing them to pay you almost nothing for your pain.
🔑 The “Serious Injury” Threshold (The Limited Tort Trap)
If you have Limited Tort and have been injured in an accident near Scranton, your entire case hinges on proving you suffered a “serious injury.”
In PA law, “serious injury” means a:
- Serious impairment of body function.
- Permanent serious disfigurement.
- Death.
The Problem: Insurance companies aggressively argue against “serious impairment,” even if you have broken bones or whiplash. They will claim your condition is temporary.
Our Expertise (Tammy and George): As your local Lackawanna County attorneys, we focus on detailed medical evidence and witness testimony to prove how your injury has fundamentally changed your life. We fight to make sure the court recognizes the true severity of your suffering.
🔎 Are There Exceptions? The Limited Tort Lifelines
You may have Limited Tort, but that does not mean your case is hopeless. The law provides crucial exceptions that automatically allow you to pursue a full recovery—even for pain and suffering.
We can bypass Limited Tort if:
- The At-Fault Driver is Out-of-State: If the negligent driver is registered outside of Pennsylvania.
- The Driver is a DUI Offender: If the at-fault driver is convicted or accepts Accelerated Rehabilitative Disposition (ARD) for driving under the influence.
- You are a Pedestrian or Bicyclist: If you were injured while outside of a vehicle.
- You were in a Commercial Vehicle: You were driving or riding in a vehicle not registered as a private passenger vehicle (like an Uber/Lyft or taxi).
- Your Vehicle Was Uninsured: The at-fault vehicle was not properly insured.
Attorney George says: “The insurance company will never tell you about these exceptions. Finding them often requires deep investigation into the other driver’s record and insurance policies. That’s our job.”
The Family Firm Difference: A Personal Fight
Why trust a Mom and Son team like Clause Law Group with a choice this important?
We Know the Local Judges and Juries
This fight happens in the Lackawanna County Court of Common Pleas. We know the local judicial temperament, and we know how to present evidence of pain and suffering to a Scranton-area jury—something a national firm cannot possibly match.
Personal Attention from Tammy and George
The big firms have hundreds of clients, giving little time to Limited Tort cases. We value every client. Attorney Tammy personally reviews your policy and medical history to identify every possible avenue to full compensation.
Our Final Advice to You
If you have Full Tort, congratulations—you have maximum protection. If you have Limited Tort, do not accept the insurance company’s word that you can’t sue. You need a dedicated, local team to hunt for every possible exception.
Your financial recovery and physical well-being are too important to leave to chance.
Call Clause Law Group today for a free, confidential review of your PA Tort Option.
570-676-5212
Frequently Asked Questions (FAQ) About Car Accidents in Lackawanna County
This section answers the most common questions our clients ask after a crash.
1. What is the biggest risk of choosing Limited Tort in Pennsylvania?
The biggest risk of choosing Limited Tort is that it severely restricts your right to sue the at-fault driver for non-economic damages, also known as pain and suffering. If your injury is not deemed ‘serious’ under PA law, you cannot recover compensation for emotional distress, physical pain, or loss of enjoyment of life, only for your medical and out-of-pocket costs.
2. How does the law define a ‘Serious Injury’ in Lackawanna County?
Under Pennsylvania law, a ‘serious injury’ is defined as a serious impairment of body function, permanent serious disfigurement, or death. Insurance companies aggressively fight to prove your injury is not serious enough. The Mom and Son team at Clause Law Group uses extensive medical evidence and expert testimony to prove your impairment meets the necessary legal threshold in the Lackawanna County courts.
3. Can I still sue for pain and suffering if I have Limited Tort?
Yes, but only if you meet a specific legal exception. Common exceptions include if the at-fault driver was driving under the influence (DUI), if they were driving an out-of-state registered car, or if you were injured as a pedestrian or bicyclist. Our attorneys, Tammy and George, specialize in finding and leveraging these exceptions for our clients in Northeast PA.
4. Who pays my medical bills if I have Limited Tort coverage?
Regardless of your tort option, your initial medical bills are typically paid by the Personal Injury Protection (PIP) portion of your own auto insurance policy. This coverage pays bills up to your policy limit, regardless of fault. The Limited Tort designation only affects your right to sue the at-fault driver for non-economic damages.
